Connor v. State of California et al

Filing 34

ORDER ADOPTING 30 FINDINGS AND RECOMMENDATIONS; ORDER DENYING 24 Defendants' Motion to Dismiss; and ORDER REFERRING CASE Back to Magistrate Judge for Further Proceedings, signed by Chief Judge Anthony W. Ishii on 7/14/2011. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AUGUSTA CONNOR,

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Plaintiff,

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vs.
STATE OF CALIFORNIA, et al.,

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Defendants.

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1:10-cv-01967-AWI-GSA
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS
(Doc. 30.)
ORDER DENYING DEFENDANTS'
MOTION TO DISMISS
(Doc. 24.)
ORDER REFERRING CASE BACK TO
MAGISTRATE JUDGE FOR FURTHER
PROCEEDINGS

_____________________________/
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Augusta Connor (“plaintiff”) is a former state prisoner proceeding with counsel in this civil

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action. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. '

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636(b)(1)(B) and Local Rule 302.

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On April 27, 2011, Findings and Recommendations were entered, recommending that

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Defendants' motion to dismiss for failure to exhaust administrative remedies be denied. (Doc. 30.)

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The parties were provided an opportunity to file objections to the Findings and Recommendations

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within thirty days. To date, no party has filed objections or otherwise responded to the Findings and

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Recommendations. Additionally, on July 5, 2011, the Defendants filed an answer to Plaintiff’s

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complaint.

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In accordance with the provisions of 28 U.S.C. ' 636 (b)(1)(B) and Local Rule 304, this

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Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the Findings and Recommendations to be supported by the record and proper analysis.

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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The Findings and Recommendations issued by the Magistrate Judge on April 27,
2011, are adopted in full;

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2.

Defendants' motion to dismiss, filed on February 14, 2011, is DENIED; and

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3.

This case is referred back to the Magistrate Judge for further proceedings.

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IT IS SO ORDERED.

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Dated:
0m8i78

July 14, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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